Many Trump veep contenders may not be eligible due to this little-known law

An obscure clause within the Constitution might knock a number of candidates out of the general public veepstakes for former President Trump’s 2024 working mate.

The twelfth modification, adopted in 1803, bars electoral faculty voters from casting ballots for president and vp from their residence state.

The thought was initially supposed to dilute the ability of huge states and foster nationwide unity, in accordance to the Poynter Institute — in trendy occasions, nevertheless, it’s develop into extra of a nuisance.

Former President Donald Trump and Senator Marco Rubio at a rally in Miami, Florida
Sen. Marco Rubio has risen within the ranks as a potential working mate for Donald Trump. Getty Images

Several potential Trump vice presidential picks live within the Sunshine State — as does Trump, who relocated to Florida from New York in 2019.

The now-problematic veep checklist consists of Sen. Marco Rubio, Rep. Byron Donalds and Gov. Ron DeSantis.

“Marco has this residency problem,” is how Trump has taken to describing it with respect to Rubio, according to The Bulwark. The Florida lawmaker has been rising in Trump’s eyes as a potential second-in-command.

Rubio allies have floated the concept he might transfer outdoors the state quickly for the election whereas persevering with to function senator — although such a transfer would possible immediate a authorized problem. Rubio has stated he would be “honored” to take the veep job, if supplied.

Donalds can be on Trump’s shortlist, the GOP contender stated in February. Though he’s solely been in Congress since 2021, Donalds has received favor in Trump-land for being a relentless advocate on tv. Donalds himself informed The Post he hasn’t thought concerning the twelfth modification and “we can cross that bridge when we come to it.”

Florida Governor Ron DeSantis answering questions from the media at the state Capitol in Tallahassee
Florida Gov. Ron DeSantis has additionally been wanting to mend fences with Trump prematurely of the veep choose. AP

Renewed buzz got here this week to Florida Gov. Ron DeSantis, Trump’s one-time rival for the GOP nomination. The pair met in Florida this week the place DeSantis reportedly promised his “full and enthusiastic support.” DeSantis has insisted he’s not interested in the veep job, however his supporters have nonetheless been dreaming.

Both Donalds and DeSantis would additionally possible want to relocate from Florida — and give up their present places of work — to keep away from the twelfth modification entice.

The problem spooked former Vice President Dick Cheney sufficient in 2000 to transfer his residence from Texas again to his former residence state of Wyoming. A federal court ultimately had to affirm Cheney’s eligibility to serve.

Rep. Byron Donalds, R-Fla., in a suit and tie, arriving for a House Republican Conference meeting at the U.S. Capitol on April 10, 2024
Trump has stated Florida Rep. Byron Donalds can be within the working to be vp.

“The common rationale is to avoid the concentration of such power in any single state,” Jonathan Turley, a professor at George Washington University faculty of law. “Sen. Rubio does not have a viable Cheney option. Cheney had strong contacts with Wyoming after representing the district in that state in Congress. While he resided in various states, it was likely enough to satisfy the letter of the habitation clause.”

Trump might additionally keep away from the difficulty solely if he moved his residency again to New York — although such an lodging for a possible second-in-command is considered as unlikely.

“It’s legally and politically complicated,” stated one Trump insider. “You could get around it if you wanted to, but Trump is not going to move.”

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